Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM No.1073-2020 in L.C. SU. No.1747-2011
IN THE BOMBAY CITY CIVIL COURT AT GREATER MUMBAI
NOTICE OF MOTION NO.1073 OF 2020
CNR NO: MHCC01-003082-2020
IN
L.C. SUIT NO.1747 OF 2011
Smt. Sushila Suvarna Vasu Suvarna ]...Plaintiff
Versus
MCGM ]..Defendant
Appearance:
Advocate Shri. Tripathi for Plaintiff.
Advocate Mr. Nandanwar for defendant (MCGM).
CORAM : S.C. Pathare, Judge
(Court Room No.5)
DATED : 22nd February, 2021.
ORAL ORDER
1) Advocate Mr. Tripathi on behalf of plaintiff submitted this
Notice of Motion along with affidavit. On behalf of MCGM notice of
motion is strongly opposed by filing such reply.
2) I have heard arguments of both the Ld counsel. Ld
Advocate of plaintiff argued that plaintiff had submitted evidence of
his power of attorney. However, in the meantime said witness is not
keeping good mental health therefore, now plaintiff wants to submit
evidence through another power of attorney.
3) Perusal of notice of motion it shows that plaintiff is
having reasonable ground to adduce evidence of another power of
attorney. Considering nature of the litigation the suit is required to be
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2 NM No.1073-2020 in L.C. SU. No.1747-2011
decided by recording evidence on merits. The dominant purpose of
allowing such application is to decide controversy finally on merits.
Defendant is having right to cross examine said witness, hence
defendant will not face any prejudice.
4) Considering peculiar facts and circumstances, I proceed
to pass following order in the interest of justice:-
ORDER
The notice of Motion No.1073/2020 stands allowed as
prayed for & stands disposed of accordingly.
Date:22/02/2021 (S.C. Pathare)
Ad-hoc Judge
City Civil Court
Dictated & directly typed on dais computer : 22/02/2021.
Checked by PO : 22/02/2021.
Signed by HHJ on : 22/02/2021.
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3 NM No.1073-2020 in L.C. SU. No.1747-2011
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
23/02/2021. Mrs. S.A. Shekade.
Name of the Judge (With Court room
no.)
SHRI S.C. Pathare (Court Room No.05)
Date of Pronouncement of JUDGMENT/
ORDER
22/02/2021.
JUDGMENT/ORDER signed by P.O. on 22/02/2021.
JUDGMENT/ORDER uploaded on 23/02/2021.
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